Washington v. M.Y.G. (Majority, Concurrence and Dissent)Annotate this Case
M.Y.G. was 15 years old when he stole two cars. The State charged him with two counts of theft of a motor vehicle. M.Y.G. moved for and was granted a deferred disposition, but he objected to providing a DNA sample. The trial court ordered M.Y.G. to submit a DNA sample but stayed collection pending appeal. The Court of Appeals affirmed the trial court, upholding the DNA collection. I.A.S. was 17 years old and under the influence of alcohol when he stole a truck, crashed it into a tree, and ran from the scene. The State charged him with one count of second degree burglary, theft of a motor vehicle, second degree theft, driving under the influence, and failure to remain at the scene of an accident. I.A.S. moved for and was granted a deferred disposition. He too objected to providing a DNA sample, but the court ordered him to submit one, staying collection pending his appeal. The Court of Appeal again affirmed the trial court, requiring I.A.S. to give a DNA sample. I.A.S. and M.Y.G. appealed, presenting the question of whether a juvenile was “convicted” when they enter into a deferred disposition. The Washington Supreme Court held that a juvenile is “convicted” when they enter into a deferred disposition. However, the Court held that the juvenile offenses committed by the petitioners in this case did not trigger the DNA collection statute. Therefore, the Supreme Court affirmed the Court of Appeals in part and reversed in part. The orders requiring a DNA sample from M.Y.G. and I.A.S were vacated.